A claim for breach of a collective bargaining agreement, or CBA, failed as a matter of law because the CBA had expired. And, because the CBA had expired, and thus there could be no claim for failure to provide fair ...

Tagged with: Judge T.S. Ellis III Labor U.S. District Court - Eastern District

Where a Medicare-certified home health services provider should have known, based on publicly available guidance, that certain claims it submitted were not actually covered by Medicare, the provider was required to reimburse the Department of Health and Human Services for ...

Tagged with: Administrative Judge T.S. Ellis III U.S. District Court - Eastern District

Plaintiffs were entitled to a default judgment on their claims that defendant breached a collective bargaining agreement by failing to make required contributions to employee benefit plans and failing to submit necessary documents to conduct a payroll review because the ...

Tagged with: Civil Practice Judge T.S. Ellis III U.S. District Court - Eastern District

An employee’s resignation prior to her reassignment made it impossible to evaluate whether the reassignment could be considered an adverse employment action, and because the resignation was not the result of intolerable working conditions such that it could be deemed ...

Tagged with: Employment Discrimination Judge T.S. Ellis III U.S. District Court - Eastern District

The U.S. could not be sued for the unlawful detention and removal of an El Salvadoran native who obtained derivative U.S. citizenship when his father became a naturalized citizen in 1995 because the decisions by immigration officials to investigate, detain ...

Tagged with: Criminal Judge T.S. Ellis III U.S. District Court - Eastern District

The plaintiff’s due process rights were not violated when the alien relative petition he submitted on behalf of his non-citizen wife was denied because his wife was ineligible for the visa as a result of her prior sham marriage and ...

Tagged with: Immigration Judge T.S. Ellis III U.S. District Court - Eastern District

An individual who was prohibited from possessing a firearm as a result of his 30-year-old misdemeanor domestic assault conviction was not deprived of his Second Amendment rights because the concerns addressed by Congress in passing the prohibition were not alleviated ...

Tagged with: Constitutional Judge T.S. Ellis III U.S. District Court - Eastern District

Defendant’s conviction for bribery was vacated even though he paid a former congressman to help advance his company’s interests because the actions taken by the congressman, including suggesting and recommending the defendant’s company to the Army and a Nigerian company, ...

Tagged with: Criminal Judge T.S. Ellis III U.S. District Court - Eastern District

Where the plaintiff failed to disclose the existence of her child during her initial visa application process and subsequently testified that she had never given false information or documentation to a U.S. official during her naturalization interview, she was unable ...

Tagged with: Immigration Judge T.S. Ellis III U.S. District Court - Eastern District

Police officers who waited more than two minutes before allowing a lifeguard to rescue the plaintiff who was suffering a psychotic episode, are nevertheless entitled to qualified immunity as no clearly established law put the officers on notice that such ...

Tagged with: Judge T.S. Ellis III Tort U.S. District Court - Eastern District